2003 (3) TMI 571

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..... relates to the Modvat credit in respect the capital goods received in the appellants factory during the period 1998, 1999 and 2000, but installed on 1-4-2000. The said credit has been disallowed to the authorities below on the ground that prior to 1-4-2000 the appellant was working under the provisions of Section 3A of the Central Excise Act, 1944 and as such they were not entitled to avail the M .....

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..... 00 the compounded levy scheme was replaced by ad valorem duty scheme and the provisions of Modvat credit were replaced with Cenvat credit. The appellants have also been held not entitled to the Cenvat credit inasmuch as the same is only available in respect of the capital goods received on or after the 1st day of April, 2000. 2. The above view of the Revenue has been attacked by the ld. Consulta .....

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..... leted the installation of the capital goods prior to 1-4-2000 they were not entitled to avail the credit. Installation was completed on 1-4-2000 when Cenvat provision had come into existence. The same provide for Cenvat credit in respect of the capital goods received on or after 1-4-2000. Inasmuch as the goods in question were not received on or after 1-4-2000 Cenvat credit is not available. Rule .....

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